Bronx Truck Accident Lawyer
When a person is involved in an accident with a commercial truck, the damages can be severe. Tractor trailers and construction vehicles dwarf passenger cars and create significant force upon impact.
While all operators of commercial trucks are required to obtain special licenses, this does not mean that they are not required to drive with the same care as the drivers of passenger cars.
If you have been injured in an accident, contact a skilled injury lawyer for help pursing compensation. Bronx truck accident lawyers work hard to represent clients involved in accidents with commercial trucks to fight for the fair compensation that they deserve.
Negligence in New York
While there may be some instances of truck drivers intentionally causing injuries from their driving, most claims for truck accidents involved the legal concept of negligence. Negligence is the idea that some people owe a duty to others to not act in a way that places others in danger.
There are five parts, or elements, that must be met in a negligence action. Consider the example of being rear-ended by a truck at a red light, resulting in a broken arm.
- Duty – In any negligence claim, the plaintiff needs to establish that the defendant had a duty to care for the plaintiff’s well-being. All drivers, including those of commercial trucks, have a duty to drive in a manner that does not place others in jeopardy. Therefore, the element of duty is met.
- Breach – A breach occurs when a person has a duty to protect others and, through either action or inaction, fails in that duty. Here, the truck rear ended a car at a red light. It is usually the case, but not always, that when a truck rear ends a car sitting at a red light, the driver of the truck has breached their duty.
- Cause – The plaintiff needs to show that the accident was the cause of their injuries. In this example, medical documentation will need to show that the cause of the broken arm was the accident.
- Scope – It must be foreseeable that the accident and accompanying could happen. The example of a broken arm resulting from a rear-end collision is certainly foreseeable.
- Damages – Lastly, the plaintiff must have suffered physical injury. The broken arm certainly meets this criteria.
Statute of Limitations in New York
An additional concept to keep in mind is statute of limitations. This is the time limit in place to file a complaint in court. For all negligence cases, including Bronx truck accidents, the limit is three years in New York according to NY CPLR § 214.
Timing is extremely important in these cases as insurance companies are aware of these limits and will not negotiate a settlement if the time has passed. Individuals need to contact Bronx truck accident attorneys right away.
Steps to Take After a Truck Accident
Most truck accident cases never see a courtroom. They instead reach an agreement, usually involving the plaintiff and the defendant’s insurance company. There are a few steps that victims can take to increase the chances of this happening. Among the most persuasive evidence that injured parties can produce is the police report.
This report is viewed as impartial by insurance companies and can place the blame squarely on the insured. Another step is to seek out medical treatment from a doctor’s office.
The most important thing anyone can do for themselves and their family, is to get better. In addition to this, doctors’ notes that indicate the full extent of a person’s injuries as well as the full cost for treatment are great evidence for a claim.
How a Bronx Truck Accident Attorney Can Help
If a case does need to go to trial, Bronx truck accident lawyers will guide you every step of the way as they speak to witnesses, examine the physical evidence, and prepare you to testify. Contact today to see how they can help you get the compensation you deserve.